Articles Posted in Wills & Trusts

Last December, Trump signed into law the Tax Cuts and Jobs Act that took effect this past January. The main feature of the law is that prior to the law being enacted, the federal estate and gift tax exemption was $5.49 million. However, the Act increases the federal estate and gift tax exemption to $11.18…

If you’re an older worker and decide to file for Social Security before you reach full retirement age, you need to account for the impact that income will have on your benefits. That’s because your benefits would be reduced temporarily and up to 85% of your benefits would be taxed if your combined income exceeds…

A Milwaukee County, Michigan judge has denied a biological father a share of the wrongful death proceeds awarded in a suit brought by the mother of a 25 year-old man who died in a mental health facility back in 2012. Alicia Johnson, 48, argued that the biological father, 53 year-old Marcus Crumble, her first cousin,…

At its best, probate can be a real pain in the butt and time consuming. Property can’t be distributed until probate is completed and probate is paid out of the estate, which means less inheritance for heirs. With that in mind here ar three ways to avoid probate. Establish a Living Trust A living trust…

The New York Times reports that the signs of coming trouble were there. Vanishing pensions, soaring medical expenses and inadequate savings were building for years. The result is that the rate of seniors 65 and older declaring bankruptcy has tripled since 1991 and now make up a bigger share of all filers. The cause, according…

For many people, the most important document isn’t their will, it’s their IRA or 401(k). That’s because many financial products, including retirement accounts and life insurance policies are legal contracts and override anything in your will. So, no matter what your will says, the payouts from these products will go to the beneficiaries you designated…

In our new world of multi-marriages, divorces and step-children, Will contests and objections to probate are becoming more and more common There are ways to deal with these conflicts to resolve differences without going to court. The best advice is for parents to do estate planning, which includes preparing a Last Will and perhaps a…

Despite its importance, surveys have shown that only 2 out 5 people over 45 have a will. Most people put off writing a will because it is unpleasant thinking of one’s mortality. But uncomfortable as it may be, it must be done. For purposes of this post, we will assume you already have a will…

The IRS and Treasury Department have joined forces to issue regulation regarding non-grantor trusts which have been used by wealthy people to avoid the property tax deduction cap in the new tax reform law. In Notice 2018-61, the IRS and Treasury say they plan to release regulations to provide clarification on the effect of section…

The National Consumer Law Center recently released Avoiding Living Trust Scams:A Quick Guide for Advocates. In it they warn, Dishonest living trust salespeople prey on seniors’ fears that after their deaths, their life savings and assets will be stolen by the government or by predatory probate attorneys. These salespeople use high-pressure tactics and deceptive claims…